Legal Opinion

Ball v. Britton

Texas Supreme Court

Decided November 6, 1882No. Case No. 4500PublishedCited by 15 opinions

Appeal from Grayson. Tried below before the Hon. Joseph Bledsoe. Charles J. Ball filed Ms petition in district court of Grayson county on the 22d day of October, 1879, alleging in substance that plaintiff and defendant entered into a- copartnership about the 1st day of September, 1878, for the purpose of erecting ice works in Sherman, Texas, and manufacturing and selling ice for profit, by which appellee was to furnish the money necessary to buy machinery and erect…

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Appeal from Grayson. Tried below before the Hon. Joseph Bledsoe. Charles J. Ball filed Ms petition in district court of Grayson county on the 22d day of October, 1879, alleging in substance that plaintiff and defendant entered into a- copartnership about the 1st day of September, 1878, for the purpose of erecting ice works in Sherman, Texas, and manufacturing and selling ice for profit, by which appellee was to furnish the money necessary to buy machinery and erect buildings, etc., and appellant was to superintend the erection of the works and also to superintend its operations, the net…

1Opinion of the Court

Delany, J. Com. Apr.

Both parties to the suit agree in treating the proposition made by the plaintiff and accepted by the defendant as .a contract of partnership-. And the court below, in sustaining the defendant’s fourth exception to the amended petition, seems to have held that, by the terms of the contract, the partnership ex*61pired as soon as the amounts advanced by the defendant to the plaintiff were repaid out of the plaintiff’s share of the net profits. "Upon this part of the case counsel for appellee, in their brief, present the following proposition: 66 If there was any time limited by…

2Cases cited2 opinions

  1. Houston & T. C. R. R. Co. v. ShirleyTexas Supreme Court · 1880
  2. Lee v. BoutwellTexas Supreme Court · 1875

3Cited by15 opinions

  1. Kelley Island Lime & Transport Co. v. MastersonTexas Supreme Court · 1906
  2. Howell v. BowdenCourt of Appeals of Texas · 1963
  3. Henry v. McCardellCourt of Appeals of Texas · 1897
  4. Roberts v. McKinneyCourt of Appeals of Texas · 1916
  5. Gulf, C. S. F. Ry. v. James B. CharlesCourt of Appeals of Texas · 1914

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